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Self-Report

If you are an occupational therapist in Ontario, you are required to self-report if any of the following occur.

You are facing a proceeding for professional misconduct, incompetence, incapacity, or a similar issue.

You are currently facing a proceeding if you have been notified by a regulatory body or licensing agency that there will be a hearing to make a decision about allegations against you related to professional misconduct, incompetence, incapacity, or a similar issue.

Professional misconduct is behaviour outside the bounds of what is considered acceptable or worthy of membership by the governing body of a profession.

Incompetence is lacking the knowledge, skill, or judgement to safely work in a profession.

Incapacity is a physical or mental condition or disorder that prevents a professional from being able to safely work (independently or without supervision) in a profession.

You do not have to report that a complaint has been made against you or that you are under investigation unless a decision has been made to hold a discipline or other hearing; in which case you are then facing a proceeding.

You are not required to report proceedings initiated by this College.

There has been a finding of professional misconduct, incompetence, incapacity, or similar issue made against you.

A finding means that a decision has been made by a regulatory body or licensing agency after a formal hearing. For example, a finding by a Discipline Committee that you are incompetent and have committed an act of professional misconduct, or a finding of incapacity by a Fitness to Practise Committee.

Professional misconduct is behaviour outside the bounds of what is considered acceptable or worthy of membership by the governing body of a profession.

Incompetence is lacking the knowledge, skill, or judgement to safely work in a profession.

Incapacity is a physical or mental condition or disorder that prevents a professional from being able to safely work (independently or without supervision) in a profession.

You are not required to report findings made by this College.

There has been a finding of professional negligence or malpractice made against you.

A decision made by a judge, a decision-maker at a tribunal or another public authority, that you have failed to provide the quality of care that should reasonably be expected in the circumstances, with the result that a patient or client has been harmed.

You have been charged with an offence.

You must report if you have been charged with any offence regardless of the country, province, or state in which the charge originated, including charges for criminal, quasi-criminal, and regulatory offences. The only types of offences you are not required to report to the College are those referred to as “ticketable” offences.

Ticketable offence is any offence prosecuted pursuant to Parts I or II of the Provincial Offences Act, 1990. Ticketable offence is a type of quasi-criminal offence. Examples of ticketable offences include speeding and parking infractions, as well as failing to stop at a red light under the Highway Traffic Act, 1991, or consuming alcohol in a public place under the Liquor Licence Act, 1990.

Criminal offence is any offence found in Canada’s Criminal Code. Examples of criminal offences include murder, manslaughter, theft, and assault.

Quasi-criminal offence is any non-criminal offence that carries a penalty similar to a criminal offence such as a fine or imprisonment. Examples of quasi-criminal offences are fishing or hunting without first obtaining the appropriate license under the Fish and Wildlife Conservation Act, 1997, or obstructing an inspector while an inspector is performing duties under the Occupational Health and Safety Act, 1990.

Regulatory offence is any non-criminal offence that violates legislation that regulates conduct in the public interest. Examples include a regulated health professional failing to report the suspected sexual abuse of a patient or an unauthorized person performing a controlled act, such as prescribing, which would violate the Regulated Health Professions Act, 1991. Regulatory offences are often dealt with at administrative tribunals and not in a court setting.

A court or other lawful authority, such as a justice of the peace, a public authority or government agency, has imposed conditions or restrictions (such as bail condition) upon you.

An order of the court other lawful authority that dictates what you may or may not do while charges are outstanding

Examples of bail conditions are:

The accused must report to authorities at a specific time and place.

The accused must not communicate with any victim or witness.

The accused must abide by other conditions considered necessary for the safety and security of victims or witnesses.

You have been found guilty by a court or other lawful authority of an offence.

A court or other lawful authority has decided that you committed an offence, or broke a law that is prosecuted in a court or before another lawful authority such as a tribunal. Even if you were given a sentence such as a conditional or absolute discharge, you can be "found guilty" of an offence. Note: You are not required to report speeding or parking infractions, or other types of “ticketable” offences to the College.

Self-reporting is a legal requirement for occupational therapists in Ontario.

Once the College receives a report, the Registrar will consider the information and initiate a more detailed review as required.

Making a report may not result in any action from the College.

When reported, the College will publish the following information on the OT’s profile on Find an Occupational Therapist:
• details of professional misconduct, incompetence and incapacity findings that have been made by any other regulatory body on or after January 1, 2016
• details of findings of malpractice or professional negligence made on or after June 4, 2009
• details of any existing charges laid for criminal offences and for non-criminal offences, details of charges where the non-criminal offence is relevant to the OT’s suitability to practise. This information is published for charges laid on or after November 1, 2017.
• details of any existing conditions or restrictions (such as bail conditions) imposed by a court or other lawful authority
• details of any convictions for criminal offences, and for non-criminal offences details about the conviction if the offence is relevant to the OT’s suitability to practise. This information is only published for convictions entered on or after January 1, 2016 and will be removed from the OT’s profile if the conviction is reversed on appeal or judicial review.

The College will not post any of this information if it would violate a publication ban, if the publication ban is known to the College.

View the policy that outlines the criteria considered by the Registrar when determining the whether a charge or conviction for a non-criminal offence is relevant to an occupational therapist's suitability to practise.

If you are unsure whether you need to self-report, please contact Aoife Coghlan, Manager, Investigations & Resolutions at acoghlan@coto.org or by phone at 1.800.890.6570 ext. 223.